Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-12-02
Commission OF Appsals.

Commission OF Appeals.
A. D Blackwell vs.. w. S. Hunnicutt;
appeal from Falls. Trespsss to try title.
It is insisted by sppellsnt that the court
erred in charging the jury that the judg-
ment offered in evidence entitled the
pIzintiff 10 recover all the land ircluded
within the boundaries of thesHsrveY $40
acres survey except the 123 acres con-
veyed by plaintiff to defendant, "because
the defendant pleaded facts that hap
pened after said judgment, that would
entitle the defendant to recover, if the
same was true" Held: Mt error. The
Judgment introduced in evidence was in
effect, judgment by confession rendered
in suit between the parties to this suit,
in favor of appellee and against appel
liant, for the Harvey $40 acres survey.
Further held: The court is not required
to instruct the jury upon
the issues made by the pleadipgs,
unless there is some evidence
off4red to support them. Where such
evidence is ffered, and the court in it's
general charge fails to instruct the jury
on all the issues made by the pleadings
and the evidence, it is the duty Of the
party complaining to ask special instruc-
lions upon the neglected Issues, and If in
structions so asked are refused to call the
attention CT this court TO the particular
issue upon which the refused instruction
YVES asked, by proper assignment Of error,
noting the particular instruction re-
fused, aud showing the allegations in
pleadings and evidence adduced which
authorize the Instructions asked. This
court will not reyerse for error on account
special Instructions refused by the court
below, where ii does not appear that in
structions were asked on the questions
attempted to be presented by assignments
of error, and if not further appearing
from the assignments propositions or
statements under them that any evidence
sdduced upen the trial tended TO sustain
either. No error. Acker, J.
Bolton Compress Company VS.. Sarg
Saunders: appeal from Bell county. The
appellee subscribed the following iustru-
mtnt, having $1,000 get oppos te his
name: "Belton, Tex, Feb. %. 1885,
We, the undersigned, do hereby agree,
bind and obligate ourselves to take stock
to the extent of the amount set opposite
to our respective names in cotton COM
press company to be organized In the
city of Belt6n, Tex, so soon IS the neces-
sary preliminaries can be arranged and q
sufficient amount subscribed 10 make the
enterprise an assured success-it being
understood that the capital stock of said
company will not be less than $50 900
to be divided into shares, of 500, and
each share to be entitled to one vote in
locating the site of said compress IS we'll
as in the general management of the |
affairs of said company. The payment |
on said stock to be made as the ne cessi- |
ties OF the enterprise may require in &C. |
cordance with the regulations and by |
laws adopted by the company" This |
was subscribed by 8 number Of persons |
with "amounts set opposite their respect |
I'VE names," amounting in the aggregate |
to about $34, 900. Soon after the sub |
scriptions reached the amount named in |
the agreement q meeting was he'd, at |
which all OF the subscribers were pres |
ent, including appellee, and it was then |
oy the subscribers that they |
would organize and apply for charter |
The organization was effected at that |
appellee being elected one of |
the directors, and by resolution adopted |
BY the subscribers the offic rs elected |
were authorized and directed to |
purchase the necessary machinery !
and other property and proceed to erect |
Ind put the compress in working order |
As soon IS possible, and were authorized
10 levy assessments upon the amounts
for stock from time to time
IS the enterprise might require. 1t was
agreed st this meeting that the capital |
stock OF the company should be fixed by
lie charter at 500, 900 SIS the maximum,
,ut it was generally thought
hat Gum would be required
n pursuance OF instructions the officers
purchased the machinery, erected the
compress and put it in successful opera
ion. When appellee was called on 10
>ay the first assessment he did not do so,
hougb he promised that he would pay it.
lie has never p.id any part OF it and this
ult was brought to collect the amount
On the trial the only instruction given to
ne jury was In effect, that if they found
rom the evidence that the
ntire amount of the capital
took stated in the charter, had not been
they would find for defendant.
Held: Error. Appellee's liability arises
Ipon the articles of subscription IN which
here Is no stipulation that the sub
crioers shall not be liable thereon unless
he full amount of the capital stock 20 bs
xed in the charter is subscribed. For
he error indicated the Judgment is re-
ersed and the cause remsnded Acker, j.
ArchGeacOn Earrxr ssIs tnaf Hru;b